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221 Deposit Of Phased Strata Plan In Land Title Office

In This Volume

221 (1) The registrar may only accept a phase of a phased strata plan for deposit if

  • (a) a Phased Strata Plan Declaration in the prescribed form, approved by an approving officer in accordance with section 222, is filed with the first phase,
  • (b) each phase is approved by an approving officer in accordance with section 224, and in accordance with section 225 if required,
  • (c) the boundaries of each phase are clearly identified, and
  • (d) each phase, when deposited, complies with sections 240, 244 and 245.
  • (2) Phases in a phased strata plan must be deposited in the order in which the phases are set out in the Phased Strata Plan Declaration.
  • (3) The unit entitlement of strata lots in all of the phases must be calculated in accordance with section 246 using the same basis for calculations for all of the phases.
  • (4) On the deposit of any phase of a phased strata plan other than the final phase, the registrar may make a notation of the Phased Strata Plan Declaration on the title to every strata lot created by the plan and on the title to the remainder parcel.
  • (5) On the deposit of the final phase of a phased strata plan, the registrar may remove the notations made under subsection (4).

1998-43-221, effective July 1, 2000 (B.C. Reg. 43/2000).

REGULATIONS AND FORMS

The Strata Property Regulation, B.C. Reg. 43/2000, is included at chapter 57 (Strata Property Regulations) in this Manual. The forms prescribed by the Strata Property Regulation are included at chapter 58 (Strata Property Forms) in this Manual.

Phased Strata Plan Declaration, Form P: Section 221(1)(a)

The Strata Property Regulation prescribes Form P, Phased Strata Plan Declaration, for the purpose of s. 221(1)(a) of the Act.

Submissions

On the Strata Property Act Filing form, select Form P, Phased Strata Plan Declaration, and attach an image of the original Form P.

Form E under the Condominium Act: Section 221(2)

Section 17.17(1) of the Strata Property Regulation provides that s. 221(2) of the Strata Property Act does not apply to a phased strata plan if the Form E was approved by an approving officer under s. 77 of the Condominium Act before July 1, 2000.

Phased Strata Plans under the Condominium Act

Section 17.17(2) of the Strata Property Regulation provides that if the first phase of a phased strata plan was deposited before July 1, 2000, the requirements and prescribed forms for the schedule of unit entitlement, schedule of voting rights, schedule of interest on destruction, and address for service set out in ss. 1(2) to (6) and 4(f) to (i) of the Condominium Act apply to all phases of the phased strata plan and ss. 245(a) to (c), 246 to 248, and 250(2)(a) to (c) of the Strata Property Act do not apply.

PRACTICE

General Requirements for Deposit of Strata Plan

An application to deposit a phased strata plan must comply with requirements for the deposit of strata plans generally. See Part 14 of the Act, including ss. 240, 244, and 245. The Director of Land Titles has adopted additional rules where there are no existing survey rules for electronic plans. The director’s directions are set out in the Electronic Land Title Plan and Plan Application Requirements at ltsa.ca.

Approval of Approving Officer

Owner developers must obtain the approving officer’s approval of Form P, Phased Strata Plan Declaration. Form P is filed with the first phase. In addition, the approving officer must approve each phase of the phased strata plan by an endorsement on the plan in Form Q. See s. 224 of the Act.

Submissions

On the Strata Property Act Filing form, select Form P, Phased Strata Plan Declaration, and attach an image of the original Form P.

Note that Form Q has been incorporated into a schedule available in the electronic Application to Deposit Plan at Land Title Office.

Documents Attached to Form P

Owner developers must file Form P with the application to deposit the first phase of a phased strata plan. Form P requires the following documents: (1) a sketch plan; (2) a schedule setting out the number of phases in the order in which they will be deposited, specifying any common facilities to be built in conjunction with particular phases; (3) a schedule setting out the estimated date for the beginning of construction and completion of construction of each phase; (4) a statement of unit entitlement of each phase and total unit entitlement of the completed development; and (5) a statement of the maximum number of units and general type of residence or other structure to be built in each phase.

Sketch Plan

The sketch plan attached to Form P may be a paper print.

Preparation of Strata Plans

Phase Number Appears on Each Sheet

The phase number must appear on each sheet.

Submissions

Electronic Strata Plans contain a pre-assigned plan number with the prefix EPS obtained by the British Columbia land surveyor. See the EFS User Guide for instructions obtaining electronic plan numbers at ltsa.ca.

Plans for Subsequent Phases

Subsequent phases must continue the numbering series and show the previous phases on the first sheet. The phase number should appear on the every sheet for each phase. See s. 14.4(1)(a)(i) of the Strata Property Regulation.

See s. 228 of the Act, which provides that a phased strata plan once deposited automatically consolidates the land in each phase with land in the previously deposited phase or phases. Similarly, the strata corporation is amalgamated with the strata corporation established in the first phase.

Phase Boundaries

The registrar examines the boundaries for each phase in a phased strata plan to ensure that the phase boundaries are substantially the same as the boundaries set out in the sketch plan attached to the Form P. The boundaries of a new phase must not overlap any land subdivided in a previous phase.

Notations on Indefeasible Title Subject to Phased Strata Plan

The registrar endorses Form P on the parent title or titles and on all titles in the phased development until the development is finished. See ss. 232 and 233 of the Act regarding amendments to Form P, which will also be endorsed on the parent title or titles. The registrar deletes the Form P notations on deposit of the final phase.

Access to Lands Remaining after Deposit of Phase

Owner developers must provide for access to the lands remaining after the land in the phase being deposited has been subdivided. In this way, owner developers ensure that, if they abandon later phases, there is still access to the remaining lands.

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

There must be two or more strata lots in the first phase. See s. 239 of the Act, which provides that land may be subdivided into two or more strata lots by the deposit of a strata plan.